Allowed

Mustakim Mansoori @ Mustkim @ Mostakim Mansur v. the State of Bihar

Patna HC4 Jan 2023CR. MISC./40882/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to two petitioners facing arrest in a murder and dowry death case. The court found them falsely implicated as brother-in-laws with no allegations against them, allowing bail on furnishing a bond after surrendering within six weeks.

What did the court decide?

Enlargement on bail upon arrest/surrender within six weeks by furnishing a bond of Rs. 20,000 each with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Mustakim Mansoori @ Mustkim @ Mostakim Mansur Vs the State… — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40882 of 2022

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Arising Out of PS. Case No.-45 Year-2022 Thana- SONBERSA District- Sitamarhi

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======================================================

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MUSTAKIM MANSOORI @ MUSTKIM @ MOSTAKIM MANSUR Son of Ishu Mansur Resident of Village - Chhaki Mayurwa jamunia Ward no.11, P.s.- Sonbarsa, Distt.- Sitamarhi (Bihar).

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Amerul Mansoori @ Amiru Mansur @ Amirul Mansuri Son of Ishu Mansur Resident of Village - Chhaki Mayurwa jamunia Ward no.11, P.s.- Sonbarsa, Distt.- Sitamarhi (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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7 04-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 302 and 304B read with 34 of the Indian Penal Code.

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As per prosecution case, four years ago the informant's daughter was married to the co-accused person Tasvir Mansoori. Thereafter, the husband contracted second

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Patna High Court CR. MISC. No.40882 of 2022(7) dt.04-01-2023 2/3

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marriage with another lady in Ludhiana where he was working. On 14.02.2022 the informant got the information that coaccused person Tasvir Mansoori (husband of the deceased) along with the petitioners strangulated the informant's dauther to death.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The husband of the deceased is already in custody. The petitioners are brother-in-laws of the deceased. The petitioners are living separately from the family of the deceased. The petitioners have no concern about the affair of his brother. There is no allegation of assaulting the deceased or any demand of dowry against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

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Learned A.P.P. for the State has vehemently opposed the prayer of the bail petition of the petitioners.

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Considering the aforesaid facts and circumstances of the case as well as the fact that there is no allegation of assault or demand of dowry against the petitioners who are brother-inlaws, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

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Patna High Court CR. MISC. No.40882 of 2022(7) dt.04-01-2023 3/3

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enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sonbarsa P.S. Case No. 45 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Mustakim Mansoori @ Mustkim @ Mostakim Mansur v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mustakim Mansoori @ Mustkim @ Mostakim Mansur v. the State of Bihar

Case brief

What is this about?

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